[Ord. 15-2016, 17, passed 3-27-2017]
(a)
The purpose of this article is to create the City of Lebanon Land
Bank that will use available resources to facilitate the return of
vacant blighted, abandoned and tax-delinquent properties to productive
use thereby combating community deterioration, creating economic growth
and stabilizing the housing and job market.
(b)
The Land Bank will acquire, hold and transfer interest in real property
throughout City of Lebanon as approved by the Board of Directors for
the following purposes: to deter the spread of blight; to promote
redevelopment and reuse of vacant, abandoned and tax delinquent properties;
to support targeted efforts to stabilize neighborhoods; stimulate
residential, commercial, and industrial development; all in ways that
are consistent with goals and priorities established by this article,
local government partners, and other community stakeholders.
[Ord. 15-2016, 17, passed 3-27-2017]
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
A bank, savings association, operating subsidiary of a bank
or savings association, credit union, or an association licensed to
originate mortgage loans or an assignee of a mortgage or note originated
by such an institution.
A public body and a body corporate and politic established
under the Act of October 24, 2012, P.L. 1239, No. 153 (68 Pa.C.S.A.
§ 2101 et seq.) and this article.
Any property tax imposed and billed by the municipal, school
district and county governments.
A natural person with a legal or equitable ownership interest
in property which was the primary residence of the person for at least
three consecutive months at any point in the year preceding the date
of initial delinquency.
All land and the buildings thereon, all things permanently
attached to land or to the buildings thereon, and any interest existing
in, issuing out of, or dependent upon land or the buildings thereon.
Land and all structures and fixtures thereon and all estates
and interests in land, including easements, covenants and leaseholders.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
All personnel, facilities, equipment, and supplies within the Land
Bank shall be governed by a Board of Directors as provided herein.
(b)
Number of Board members. The Land Bank shall be governed by a Board
of Directors comprised of seven members that reflect the diversity
and range of interests affected by the Land Bank's activities.
(c)
Initial Board members. The initial members of the Board of Directors
of the City of Lebanon Land Bank shall be three members of the Board
of Directors of the Redevelopment Authority of the County of Lebanon
(hereinafter the "RACL") serving on the date of creation of the Land
Bank, and four additional members who shall be appointed by the Mayor
and who shall consist of one representative from the Lebanon City
Planning Commission, one representative from the Lebanon County Treasurer's
Office, one representative from the real estate/appraisal industry,
and one resident of the City of Lebanon maintaining active membership
in a recognized civic organization in the City of Lebanon. Each initial
Board member who is a member of the Board of Directors of the RACL
shall serve on the Board of Directors of the Land Bank for the same
term as his or her term on the RACL. The names of the initial Land
Bank Board members and length of terms which they will serve are as
follows:
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Amy Leonard (RACL Board) for a term ending February 9, 2018
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Joseph Connor (RACL Board) for a term ending February 9, 2021
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George Kaufman (RACL Board) for a term ending February 9, 2022
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Joseph Klein (City Planning) for a term ending February 9, 2019
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Sallie Neuin (Treasurer's Office) for a term ending February
9, 2020
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Frank Kocher (real estate/appraisal industry) for a term ending
February 9, 2019
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Craig Gates (civic organization) for a term ending February
9, 2020
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(d)
Appointments. The Mayor shall appoint the four members of the Board
of Directors who are not members of the RACL.
(e)
Term of Board members. After expiration of the terms of the initial
Board members, the term of office for appointed members of the Board
of Directors of the City of Lebanon Land Bank shall be five years.
The members of the RACL serving on the Land Bank Board shall serve
on the Land Bank Board for so long as they serve on the Board of Directors
of the RACL. Each newly appointed member of the RACL succeeding one
of the initial Land Bank Board members shall automatically and concurrently
become a member of the Board of Directors of the Land Bank for a term
that shall be the same as his or her term on the RACL.
(f)
Service after expiration of term. Members of the Board of Directors
shall continue to serve until their successors have been appointed
and qualified.
(g)
Compensation and expenses. Members shall serve without compensation
and may seek reimbursement for expenses associated with duties relating
to Land Bank activities.
(h)
Ethical standards. Members of the Board of the Land Bank and its
employees shall be subject to the Act of July 19, 1957 (P.L. 101),
No. 451, known as the State Adverse Interest Act[1] and the ethical standards and disclosure requirements of 65 Pa.C.S.A. Chapter 11 and any other supplemental rules and guidelines adopted by Board of the Land Bank.
[1]
Editor's Note: See 71 P.S. § 776.1 et seq.
(i)
Officers. The Land Bank members shall elect officers to serve as
Chair, Vice Chair, Secretary and Treasurer to serve one-year terms.
Members may be re-elected to serve successive terms. The duties of
officers shall be established by the Board according to law.
(j)
Vacancies. Any vacancy in the four members appointed by the Lebanon
City Council shall be filled by appointment by the Lebanon City Council.
Vacancies in members serving by virtue of appointment to the RACL
shall be filled by the person appointed to fill that vacancy at the
RACL.
(k)
Meetings of the Board. The Land Bank shall hold regular public meetings,
shall make each meeting's agenda available on the Land Bank's
website in advance of such meeting and shall allow for public comment
on matters under deliberation at each such public meeting. The place,
date and time of the Land Bank meetings shall be determined at the
discretion of the Board of Directors. All meetings of the Board of
Directors shall comply with the Pennsylvania Sunshine Act.[2] The Chair of the Board may call special meetings by written
notice of at least 24 hours to each Board member and in accordance
with the Pennsylvania Sunshine Act. Special meetings may also be called
upon written notice signed by a majority of the Board members and
delivered at least 24 hours in advance to each Board member and advertised
in accordance with the Pennsylvania Sunshine Act.
[2]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
(l)
Quorum. A quorum shall be necessary for the transaction of any business
by the Board of Directors. A majority of the members of the Board
of Directors, excluding vacancies on the Board, shall constitute a
quorum. The Board of Directors shall act by a majority vote of the
members at a meeting at which a quorum is present except as otherwise
provided in this article. No voting by proxy shall be permitted.
(m)
Minutes. Minutes of all meetings of the Board of Directors and its
committees shall be made and maintained.
(n)
Committees. The Board of Directors may establish such committees
as may be needed to assist the Board in conducting the business of
the Land Bank. Committee members shall be appointed by the Chair,
and each Committee shall include at least one member of the Board
of Directors. Any business proposed by a committee shall require approval
by the Board of Directors.
(o)
Fiduciary duty. The members of the Board of Directors of the Land
Bank are under a fiduciary duty to conduct the activities and affairs
of the Land Bank in the best interests of the residents of the City
of Lebanon, including the safekeeping and use of all Land Bank monies
and assets. The Board of Directors shall discharge their duties in
good faith, with the care an ordinarily prudent person in a like position
would exercise under similar circumstances.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
The Land Bank shall have the following powers and duties:
(1)
To develop stewardship and management plans for each acquired
interest not inconsistent with or detrimental to the purpose/rationale
which justifies its acquisition;
(2)
To supervise the management of the property interests acquired;
(3)
To develop annual reports of Land Bank activity;
(4)
To conduct real property appraisals;
(5)
To negotiate real property purchases or trades;
(6)
To provide for a system of accounting;
(7)
To adopt, amend and/or repeal policies and procedures for contracting
and procurement which must be consistent with the provisions set forth
in the City of Lebanon Codified Ordinances;
(8)
To borrow money from private lenders, from cities or counties,
from the state or from the federal government funds to further or
carry out the Land Bank's public purpose by executing leases,
trust indentures, trust agreements, agreements for the sale notes,
loan agreements, mortgages, deeds to secure debt, trust deeds, security
agreements, assignments and such other agreements or instruments as
may be necessary or desirable, in the judgement of the Land Bank,
to evidence and to provide security for such borrowing;
(9)
To make application directly or indirectly to any federal, state,
county, or municipal government or agency or to any other source,
whether public or private, for loans grants, gifts, guarantees, labor,
or other aid or financial assistance in furtherance of the Land Bank's
public purpose and to accept and use the same upon such terms and
conditions as are prescribed by such federal, state, county, or municipal
government or agency or other source;
(10)
The City hereby assents to real estate tax payment allocation
to the Land Bank for properties returned to the tax rolls after Land
Bank ownership with regard to City real estate taxes to the extent
allowed by state law and the Land Bank is authorized to seek allocation
of real estate taxes on return of land to the rolls after Land Bank
ownership by agreement with other applicable taxing authorities; and
(11)
All other powers/duties provided for, authorized or allocated
under Act 153 of 2012, 68 Pa.C.S.A. § 2107.
[Ord. 15-2016, 17, passed 3-27-2017]
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
The Land Bank is authorized to acquire real property or interests
in real property through donation, gift, purchase, or any other legal
means, including tax sale or judicial sale or by transfer from the
Tax Claim Bureau. The Land Bank shall hold in its own name all real
property it acquires. The Land Bank may only acquire real property
located in the City of Lebanon.
(b)
Acquiring occupied homes. When the Land Bank acquires residential
properties that are occupied by the owners at the time of acquisition,
it shall be the policy of the Land Bank to show a preference for keeping
the former owner-occupants in their homes, whenever feasible.
(a)
The Land Bank shall maintain and make publicly accessible on its
website, and at its offices during normal business hours, the following
information:
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
The Land Bank is authorized to discharge liens and other municipal
claims, charges, or fines of the City of Lebanon and the Land Bank
may seek to enter into an agreement for discharges from the applicable
municipal body against the properties it acquires.
(b)
For the duration the time a property is held by the Land Bank, the
Land Bank is authorized to abate all real estate taxes, water and
sewer charges, and other municipal charges by the City of Lebanon
and to the extent necessary, may seek abatement or nontaxable status,
from other applicable government entities.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
The Land Bank is authorized to convey, exchange, sell, transfer,
lease, grant, or mortgage interests in real property of the Land Bank
in the form and by the method determined to be in the best interests
of the Land Bank, except where expressly limited in this section.
(b)
The Board of Directors may delegate this disposition authority to
the administrator of the Land Bank except in the following circumstances
in which the Board itself must review and approve transfers of property
at a public meeting:
(c)
The Land Bank shall be guided by such hierarchical ranking of priorities
for the use of real property conveyed by the Land Bank as the Lebanon
City Council may establish, including use for:
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
Market value shall be determined by up-to-date data, and by using
the valuation method that the Land Bank or its administrator has determined
is most appropriate given the particular conditions of the property
and surrounding market.
(b)
Nominal or reduced price disposition shall be an option for any property
owned by the Land Bank.
(c)
In calculating a reduced sales price, the discount shall take into
account the benefit provided by the proposed use, and the amount of
discount needed to make the project both initially financially feasible
and continually sustainable.
(d)
For housing projects serving households at a mix of income levels,
the Land Bank may count the number of low- and moderate-income households
served and provide proportionate discounting.
(e)
The Land Bank shall make available an appeals process wherein a potential
purchaser may submit evidence relevant to the value of a property.
(f)
The Land Bank shall enforce any provisions agreed upon as conditions
of sale between the transferee and the Land Bank through legally binding
mechanisms, including but not limited to deed restrictions, covenants,
and mortgages.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
Policies of the Land Bank shall initially be adopted and thereafter
reviewed at least every other year by the Board of Directors of the
Land Bank, with opportunity for public input and comment. Policies
shall be published on the Land Bank's website.
(b)
City residents shall have the following means of supplying input
into the Land Bank decisionmaking process:
(1)
Any individual or organization may submit recommendations for
Board membership to the Mayor for their consideration in making appointments.
(2)
Any individual or organization may submit recommendations to
the Land Bank Board or administrator for real properties that could
be acquired by the Land Bank, and the purpose for which such properties
could be developed.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
To the extent allowed by law, the Land Bank shall retain proceeds
from the sale of any properties to cover or contribute to operating
costs, maintenance of inventory, and to support additional strategic
property acquisition.
(b)
The Land Bank may finance its operations through any means authorized
in Sections 2111 and 2112 of the Act of October 24, 2012, P.L. 1239,
No. 153 (68 Pa.C.S.A. §§ 2111 and 2112).
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
The Land Bank may be dissolved according to the requirements of state
law upon a finding adopted by a two thirds majority of the Board of
Directors and approved by the Lebanon City Council that there is no
longer any need for a Land Bank to function within the territorial
limits of the City of Lebanon. Assets, upon dissolution of the Land
Bank, shall be distributed according to law.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
The Land Bank shall obtain insurance to defend and indemnify the
Land Bank and the members of the Board of Directors with respect to
all claims or judgments arising out of their activities as Board members
with respect to all negligence claims, and claims or judgments arising
out of Land Bank activities performed on behalf of the Land Bank or
City. Insurance may be through coverage by the City of Lebanon.
(b)
To be eligible for defense and indemnification, a Land Bank Board
member shall be obligated to:
(1)
Notify, within five days of receipt, the Board Chair of the
Land Bank, and the Executive Director of the Redevelopment Authority
of the County of Lebanon, about any claim made against the member
and deliver all written demands, complaints and other legal papers
received with respect to such claim.
(2)
Cooperate during the investigation and defense of any claim
against the City, the Land Bank or any member of the Land Bank, including,
but not limited to, preparing for and attending depositions, hearings
and trials and otherwise assisting in securing and giving evidence.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
Upon adoption of this article, the City Clerk shall file a copy of
the article with the Pennsylvania Department of Community and Economic
Development and with the Pennsylvania Department of State.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
All ordinances and parts of ordinances inconsistent with this article
are hereby repealed insofar as they are inconsistent herewith.
[Ord. 15-2016, 17, passed 3-27-2017]
(a)
This article shall become effective immediately.
